The so called "ANWR Vote"

There's been a lot of discussion on the recent 51-49 vote in the Senate to allow drilling in the Arctic National Wildlife Refuge (ANWR). It's not as straight forward as it first looks.

As many are aware, the language in Amendment 168 to Senate Con. Res. 18 (2006 budget resolution) was deceptively simply, reading in its entirety thus, “Strike Section 201(a)(4)”.

Striking this section from the budget resolution would have served to eliminate the ability of the Committee on Energy and Natural Resources (chaired by drilling advocate Pete Domenici; http://energy.senate.gov/index.cfm) to submit legislation under the guise of fulfilling it’s budgetary obligations that would be immune from substantive amendments and requiring only a simple majority vote (such power granted under section 304 of the resolution).

In this context, the vote against the amendment does not necessarily open up drilling in ANWR, it just reduces the barriers. Final legislation from the committee must be produced by June 6, but will likely come much sooner. And it is still possible to stop it in the Senate.

But there is a more important issue at stake. The Energy Committee has limited revenue management abilities, chiefly arising from oil, gas, minerals and some public lands. As you may surmise, the danger in all of this extends far beyond ANWR. The current budget resolution gives the Energy Committee an almost unfettered right to vote out legislation affecting any other energy related resource, such as off shore drilling or the sale of public lands. This precedent could allow future legislation of this nature to be passed by a one vote majority.

In effect, this is the filibuster issue, widely reported as affecting the judiciary only, applied to legislative action. It is truly the camel’s nose under the tent.

For the full story, read the debate on the floor of the Senate, especially amendment sponsor Maria Cantwell’s (D-WA) speech. She effectively addresses the primary issue. (The response by Pete Domenici borders on ludicrous, addressing gas prices instead of the fundamental issue of senate procedures.) The Congressional Record pages that address the debate have been uploaded to the files section of this site (

My personal belief is that this should be reframed in a manner that tracks the current work that MoveOn.org is doing on the judicial filibuster. Republicans are intent on eliminating super majority procedures as a way of maximizing their agenda now that they hold the executive and legislative branches.